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Race and Equality from the Perspective of Law
Šipkovská, Silvie ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Race and Equality from the Perspective of Law In this thesis, the author deals with the phenomenon of racial discrimination from the perspective of law. In order to understand the issue, it is necessary to set discrimination in a broader socio-scientific context. Therefore, the author draws not only from legal sources, but also from other social sciences. Other important sources of information were the reports and recommendations of non-governmental organisations, which play an important and irreplaceable role in the area of anti-discrimination policy and its implementation. The main focus of this thesis, therefore, is comprehensive treatment of the issue, taking into account its interdisciplinary context. The content of the thesis is divided into four parts. The purpose of the first part is to introduce the reader to the issue of discrimination and explain the basic concepts of the theory of race, equality and discrimination. The second part details the international mechanisms of protection against racial discrimination - in the framework of the United Nations organization, International Labour Organization, Council of Europe and the European Union. The third part describes the national system of protection against racial discrimination according to the hierarchy of national sources of law, i.e....
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Values, legal consciousness and law
Moravec, Lukáš ; Wintr, Jan (advisor) ; Maršálek, Pavel (referee)
Values, legal consciousness and law This thesis deals with legal values and their importance for the decision making of legal subjects. First it introduces a general model of a world, which can be used for any world with consistent effects. From that it deduces what can be considered an individual person and how such individuals behave. Who we consider an individual is dependent on our subjective choice. While choosing a particular individual we can express their relationship to their environment with a certain attitude of thought. If mutually corresponding thought attitudes can be shared by different individuals in such a way that the conveyance of them would correspond to a certain thought of a different individual, we use the term institution. Institutions are not considered to be existing objectively, however they help us interpret objective facts. Institutions include natural and artificial persons, the state and the law. The state emerges in a power struggle, although under the influence of morality. Morality is a type of institution, which is created by an interaction among individuals and through a compromise between their aspirations. This thesis decides for a consequentialist approach to morality, while objections against consequentialism are either refuted or shown to be able to be...
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Legal responsibility in collective sports
Caletka, Petr ; Beran, Karel (advisor) ; Wintr, Jan (referee)
Legal responsibility in collective sports The purpose of my thesis is to analyse legal responsibility in collective sports. I focus on football, specifically on issues related to football referee, in particular his responsibility for decisions made in the game. The thesis is composed of eight chapters. After Introduction there is Chapter one, which is concentrated on relationship between law and sport. In this chapter is briefly described historical development of this relationship and theoretical problems with definition of sport. Attention is paid to the concept of "sports law" and its "sources". Chapter two is devoted to the analysis of case study. It is a media coverage case, which hit the top Czech football competition at the turn of 2003 and 2004. Chapter three is devoted to the interpretation of football as a game. The reader is familiar with the basic standards of sports and is explained the position of the referee in the term of Laws of the Game. Gradually, as based on the stripped case (chapter two) raises the question whether the referee may be legally responsible for hid decision made during the game. In chapter four is then interpreted by the concept of an erroneous decision and its relationship to the legal order. The following chapter five and interpretation of referee's criminal...
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New approaches to legal reasoning as used in case-law
Peterka, Bohumil ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
New Approaches to Legal Reasoning as Used in Case-Law - Summary The phenomenon of legal interpretation and argumentation theory has become increasingly popular in the Czech Republic. The thesis first aims to summarize theories (or methodologies) of three Anglo-Saxon scholars, Neil MacCormick, Ronald Dworkin and William N. Eskridge. In the thesis, three respective theoretic chapters are dedicated to theories of legal interpretation as presented by each of them. After exploring philosophic backgrounds of the theories briefly, main focus was put on sets of different interpretation methods and interpretive arguments these scholars find most relevant. Subsequently, I tried to analyse the arguments and to examine role different legal arguments play in the process of interpretation as described in works of the three scholars. Each theory is eventually explicated on a convenient law case mentioned in one of its author's books. The second aim of the thesis is to apply the theories as summarised in the theoretical part on Czech law cases to find out whether the theories are successfully applicable considering differences of Czech (continental) legal system and common-law-based legal orders as well as whether such application might prove helpful to a Czech law interpret. For that reason several important Czech "hard"...
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The regulation of lobbying in the CR - recommendations based upon foreign experience
Kraus, Lukáš ; Wintr, Jan (advisor) ; Ondřejek, Pavel (referee)
Lobbying regulation in the Czech Republic - recommendations based on international experience Summary Lobbying is a natural part of contemporary globalized world, where political interests meet intensively with the economic and other private interests. In order to strengthen the principles, especially transparency and responsibility, some countries adopt lobbying regulation. The USA, Canada, Poland, Hungary, Lithuania and the EU institutions approach to lobbying in some aspects in the same way, in many other aspects they approach to it very differently. Different historical and socio-economical experience of these entities has, often substantial, influence on the differences of their regulation approach. The Czech Republic shares with many mentioned countries the experience of post- communist state, which does not have long democratic political culture and which has many problems with corruption in the public decision-making process. Lobbying regulation under Czech conditions is therefore necessary for raising transparency and responsibility of politicians. During the preparation of the future regulation, it is necessary to respect recmmendations of the international organizations and to thoroughly analyze experience of other states. The necessary parts of the future law should be especially: clear...
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Institutional framework of alternative dispute resolution in sport
Budilová, Denisa ; Beran, Karel (advisor) ; Wintr, Jan (referee)
DIPLOMA THESIS Denisa Budilová : Institutional framework of alternative dispute resolution in sport ABSTRACT The aim of this thesis is description and analysis of institutional framework, through which sport disputes are solved outside the State courts' jurisdiction. The thesis also delimits mutual relation between jurisdiction of sport organisations' bodies on one hand and State courts' jurisdiction on the other hand. The text is divided into seven chapters. A brief introduction is followed by second chapter, in which I focus on sport in general, its relations to law, I am exploring relations that may arise within the sport, and outlining on several examples what disputes may arise from those relations. Separate subsections are devoted to normative regulation of sport's relations and question of sports law. Third chapter is focused on Czech legislation on alternative dispute resolution in sport. I particularly deal with possibilities of alternative dispute resolution according to the Czech Arbitration Act (1994). The following section deals with dispute resolution based on sport associations' autonomy; I focus on current legislation and related case-law, as well as on proposed legislation to be enacted with respect to ongoing recodification of Czech private law. Fourth chapter provides an analysis of...
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Comparative analysis of the role of judges in international judicial bodies
Mikoláš, Alexander ; Kühn, Zdeněk (advisor) ; Wintr, Jan (referee)
Comparative analysis of the role of judges in international judicial bodies Abstract The proximate topic of this thesis are two of the most prominent international judicial bodies: The Court of Justice of the European Union, in the narrow sense of the term, and the Dispute Settlement Body of the WTO. The actual interest of the work however lies not in the history, normative underpinnings or operation of these institution per se, but rather in the general insights on judicial partiality, bias and relevant preventive mechanisms which can be gleaned from these two concrete examples. The thesis does initially provide a brief overview of the actual workings of both systems, in order to establish a factual background on which to base its subsequent theoretical analysis. The second segment of the work then predominantly focuses on two phenomena - the distribution of representation in the relevant bodies of the judicial institutions from the perspective of individual member entities of both organizations, and the related issue of partiality of judges and other judicial or quasi-judicial figures in these systems; in particular their propensity towards championing national interest of their home countries, in lieu of a disinterested due performance of their duties. The analysis initially examines the factual state of...
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Status of Deputy of the Czech Parliament in legislative process
Kočí, Kristýna ; Bureš, Jan (advisor) ; Wintr, Jan (referee)
The main purpose of my thesis entitled "The legislative process - the role of Members of Parliament" is to analyze the process of preparing, making and passing laws by the Parliament of the Czech Republic, focusing on the role of Members of Parliament in the legislative process (including comparisons between members of the coalition, opposition and non- attached) and provide a comparison theory, therefore, the possibility of the constitution and other laws and actual practice.
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The constitutional statute of independence of the Czech Supreme Audit Office in theory and practice
Bican, Jaroslav ; Wintr, Jan (advisor) ; Koubek, Jiří (referee)
The thesis "The constitutional statute of independence of the Czech Supreme Audit Office in theory and practice" examines the institutional setting SAO organs and their link to the organs of legislative and executive branches. The thesis also includes the process of electing new members of the SAO, the present composition of the Board of SAO and SAO disputes between authorities and between them and the authorities of the Czech Chamber of Deputies from 2009 until today. The goal of this analysis is to find out on the basis of that investigation whether there are sufficient institutional prerequisites for SAO to be an independent authority.
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Contemporary Social Contract Theories
Froněk, Martin ; Wintr, Jan (advisor) ; Kysela, Jan (referee)
Contemporary Social Contract Theories The thesis is intended to be an introduction into contemporary social contract theories. John Rawls' book A Theory of Justice is a seminal work in this field. The thesis, however, does focus not only on the approach adopted by Rawls, but on the theories of other authors as well - that of J. Buchanan, D. Gauthier, T. Scanlon and R. Nozick. These remain quite unknown in the Czech context. The structure of the thesis should allow for a comparison between the respective theories as the author starts with the object of the social contract, proceeds to the parties of the contract and, finally, to its content. Special attention is devoted to the game theory which models some of the typical interpersonal interactions and, using its theoretical apparatus, can illustrate problems of social cooperation - the key theme of virtually all social contract theories. Eventually, the author tries to outline the way analytic philosophy views the social contract. In its eyes, the social contract is a necessary implication of the existence of language.
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